2012 New York Consolidated Laws
PEN - Penal
Part 3 - SPECIFIC OFFENSES
Title N - OFFENSES AGAINST PUBLIC ORDER, PUBLIC SENSIBILITIES AND THE RIGHT TO PRIVACY
Article 240 - (240.00 - 240.75) OFFENSES AGAINST PUBLIC ORDER
240.75 - Aggravated family offense.

 
  § 240.75 Aggravated family offense.
    1.  A  person  is  guilty  of aggravated family offense when he or she
  commits a misdemeanor defined in subdivision two of this  section  as  a
  specified  offense  and  he  or  she  has  been convicted of one or more
  specified offenses within the immediately preceding five years. For  the
  purposes  of  this subdivision, in calculating the five year period, any
  period of time during which  the  defendant  was  incarcerated  for  any
  reason  between  the  time  of  the  commission  of any of such previous
  offenses and the time of  commission  of  the  present  crime  shall  be
  excluded  and  such  five  year  period shall be extended by a period or
  periods equal to the time served under such incarceration.
    2. A "specified offense" is  an  offense  defined  in  section  120.00
  (assault  in  the  third  degree); section 120.05 (assault in the second
  degree); section 120.10 (assault in the first  degree);  section  120.13
  (menacing  in  the first degree); section 120.14 (menacing in the second
  degree); section 120.15 (menacing in the third degree);  section  120.20
  (reckless  endangerment  in the second degree); section 120.25 (reckless
  endangerment in the first  degree);  section  120.45  (stalking  in  the
  fourth  degree);  section 120.50 (stalking in the third degree); section
  120.55 (stalking in the second degree); section 120.60 (stalking in  the
  first  degree);  section  121.11  (criminal  obstruction of breathing or
  blood circulation); section 121.12 (strangulation in the second degree);
  section 121.13 (strangulation in the first degree); subdivision  one  of
  section 125.15 (manslaughter in the second degree); subdivision one, two
  or  four  of  section 125.20 (manslaughter in the first degree); section
  125.25  (murder  in  the  second   degree);   section   130.20   (sexual
  misconduct);  section 130.30 (rape in the second degree); section 130.35
  (rape in the first degree); section 130.40 (criminal sexual act  in  the
  third  degree);  section  130.45  (criminal  sexual  act  in  the second
  degree); section 130.50 (criminal  sexual  act  in  the  first  degree);
  section  130.52  (forcible  touching); section 130.53 (persistent sexual
  abuse); section 130.55 (sexual  abuse  in  the  third  degree);  section
  130.60 (sexual abuse in the second degree); section 130.65 (sexual abuse
  in  the  first  degree);  section 130.66 (aggravated sexual abuse in the
  third degree); section 130.67 (aggravated sexual  abuse  in  the  second
  degree);  section  130.70 (aggravated sexual abuse in the first degree);
  section 130.91 (sexually motivated felony);  section  130.95  (predatory
  sexual  assault);  section  130.96  (predatory  sexual assault against a
  child); section 135.05 (unlawful imprisonment  in  the  second  degree);
  section  135.10  (unlawful  imprisonment  in  the first degree); section
  135.60 (coercion in the second degree); section 135.65 (coercion in  the
  first  degree);  section  140.20 (burglary in the third degree); section
  140.25 (burglary in the second degree); section 140.30 (burglary in  the
  first  degree); section 145.00 (criminal mischief in the fourth degree);
  section 145.05 (criminal mischief in the third degree);  section  145.10
  (criminal  mischief  in  the  second  degree);  section 145.12 (criminal
  mischief in the first degree); section 145.14 (criminal tampering in the
  third degree); section 215.50 (criminal contempt in the second  degree);
  section  215.51  (criminal contempt in the first degree); section 215.52
  (aggravated criminal contempt); section 240.25 (harassment in the  first
  degree);  subdivision  one,  two  or  four of section 240.30 (aggravated
  harassment in the second degree); aggravated family offense  as  defined
  in  this  section  or  any  attempt  or  conspiracy to commit any of the
  foregoing offenses where the defendant and the person against  whom  the
  offense  was  committed  were members of the same family or household as
  defined in subdivision one of section 530.11 of the  criminal  procedure
  law.

    3.  The person against whom the current specified offense is committed
  may be different from the person against  whom  the  previous  specified
  offense  was committed and such persons do not need to be members of the
  same family or household.
    Aggravated family offense is a class E felony.